THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

This year's book award committee reviewed thirty nominated books. We identified seven finalists, each well worth our special attention: Milton Fisk's impressive Towards a Healthy Society, Gary Francione's feisty Introduction to Animal Rights, Timothy Gaffaney's engaging Freedom for the Poor, David Ingram's historically insightful Group Rights, Rachel Roth's poignant Making Women Pay, Karen Warren's finely articulated Ecofeminist Philosophy, and the eventual winning entry, Phillip Cole's Philosophies of Exclusion: Liberal Political Theory and Immigration. We're here today to discuss this (...) important book. (shrink)

G. A. Cohen defends and Jon Elster criticizes Marxist use of functional explanation. But Elster's mechanical conception of explanation is, contrary to Elster's claims, a better basis for vindication of functional explanation than Cohen's nomological conception, which cannot provide an adequate account of functional explanation. Elster also objects that functional explanation commits us to metaphysically bizarre collective subjects, but his argument requires an implausible reading of methodological individualism which involves an unattractive eliminativism about social phenomena.

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and (...) duty. The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)

In this paper I study Milton Friedman’s statistical education, paying special attention to the different methodological approaches (Fisher, Neyman and Savage) to which he was exposed. I contend that these statistical procedures involved different views as to the evaluation of statistical predictions. In this light, the thesis defended in Friedman’s 1953 methodological essay appears substantially ungrounded.

My first section considers Walter J. Ong’s influential analyses of the logical method of Peter Ramus, on whose system Milton based his Art of Logic. The upshot of Ong’s work is that philosophical logic has become a kind monarch over all other discourses, the allegedly timeless and universal method of mapping and diagramming all concepts. To show how Milton nevertheless resists this tyrannical result in his non-Logic writings, my second section offers new readings of Milton’s poems Il (...) Penseroso and Sonnet 16: “On His Blindness”, along with his prose epilogue to his elegies (and thereby the entire collection entitled Poems). These readings attempt to show (1) the original admixing of philosophy and poetry (under the heading of “thoughtfulness”), (2) the shadow-hidden superiority of poetry in connection to the effeminising disability of blindness, and (3) the potential irony of an apology that arguably suggests poetry’s superiority to philosophy. Finally, I rest my case for Milton’s rebellion by offering an interpretation of Paradise Lost which affirms the character of Satan qua dark, queer, poetic figure of classical republicanism. (shrink)

Visual imagery is a form of sensory imagination, involving subjective experiences typically described as similar to perception, but which occur in the absence of corresponding external stimuli. We used the Activation Likelihood Estimation algorithm (ALE) to identify regions consistently activated by visual imagery across 40 neuroimaging studies, the first such meta-analysis. We also employed a recently developed multi-modal parcellation of the human brain to attribute stereotactic co-ordinates to one of 180 anatomical regions, the first time this approach has been combined (...) with the ALE algorithm. We identified a total 634 foci, based on measurements from 464 participants. Our overall comparison identified activation in the superior parietal lobule, particularly in the left hemisphere, consistent with the proposed ‘top-down’ role for this brain region in imagery. Inferior premotor areas and the inferior frontal sulcus were reliably activated, a finding consistent with the prominent semantic demands made by many visual imagery tasks. We observed bilateral activation in several areas associated with the integration of eye movements and visual information, including the supplementary and cingulate eye fields (SCEFs) and the frontal eye fields (FEFs), suggesting that enactive processes are important in visual imagery. V1 was typically activated during visual imagery, even when participants have their eyes closed, consistent with influential depictive theories of visual imagery. Temporal lobe activation was restricted to area PH and regions of the fusiform gyrus, adjacent to the fusiform face complex (FFC). These results provide a secure foundation for future work to characterise in greater detail the functional contributions of specific areas to visual imagery. (shrink)

This is the outline: 6. L'absence du concept de l'individualité 7. L'existence illimitée (boundless) Métaphore et analogie 8. L'évolution et l'existence comme durée individuelle dans le temps cosmique 9. L'option de la nécessité naturelle 10. L'inconnaissabilité ultime.

An effort to expand and defend aspects of my earlier reading of the Deduction of Taste. The Red Scorpion is just for fun. -/- .

A review of A. Hisch and N. de Marchi's thorough historical study on Milton Friedman's life-long work as an economist (and more specifically as a monetary economist) and as an economic methodologist (in his famous essay "The Methodology of Positive Economics".

This is the outline: 1. Introduction 2. La compréhension théorique – 2.1 Le dynamisme conceptuel et l'a priori 2.2 L'horizon conceptuel – 3. Compréhension et singularité 4. La production de signifiance 5. La présence du mystère 6. Le problème de la substantialité : l'un et le multiple – 6.1 La notion d'un ordre implicite.

This is an etymological, Biblical and philosophical scrutiny of Milton's Satan. While Satan is a metaphor in Paradise Lost, he is very much real within Christian Studies. This essay revisits the reality of Satan.

Pre-publication certification through peer review stands in need of philosophical examination. In this paper, philosopher-psychologist Steven James Bartlett recalls the arguments marshalled four hundred years ago by English poet John Milton against restraint of publication by the "gatekeepers of publication," AKA today's peer reviewers.

Short overview of the From Small Beginnings Project and its relevance for resisting eugenics in contemporary society.

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Is there a possible biological explanation for religion? That is, is there a genetic basis for believing in mystical, supernatural beings when there is no scientifi c evidence for their existence? Can we explain why some people prefer to accept myth over science? Why do so many people still accept creation and refuse to embrace evolution? Is there an evolutionary basis for religious beliefs? It is certainly true that religions have been part of human civilization throughout most of its recent (...) history, at least for the last 5,000 years, and probably for much longer. Even great nonmystical philosophers such as Confucius, Buddha, and Lao Tzu have had their teachings evolve into mystical religions with spiritual ancestors, gods and reincarnation. On the other hand, religion is largely absent in modern Chinese culture, and of diminishing importance in Japanese and European cultures. In all cultures, the degrees of education gained by individuals correlate inversely with attachments to mystical deities. Atheists abound although they may be reluctant to come out of the closet and affi rm their rational convictions. In this article, we seek explanations for human irrationality. (shrink)

Research within the H2020 PROGRESSIVE project has identified good practices in user co-production strategies and methodologies. Early findings from research in the PROGRESSIVE project were shared with relevant stakeholders outside the consortium for consultation and review. The outcomes of that initial investigation highlighted the need to focus on the objectives, processes, and methods used in user and older people co-production. This guide adapts these insights and makes them relevant specifically for standardisation in ICT for active and healthy ageing. This guide (...) was approved by representatives of the PROGRESSIVE project on 22 February 2018. The consortium has requested comments from interested stakeholders in an enquiry from 1 March to 30 April 2018. The PROGRESSIVE guide was approved on 5 June 2018. (shrink)

We examine that both science and religion were original products of the human imagination. However, the approaches taken to develop these two explanations of life, were entirely different. The precepts of evolution are well established through the scientific method. This approach has led to the accumulation of immense amounts of evidence for biological evolution, and much scientific progress has been made to understand the pathways taken for the appearance of organisms and their macromolecular constituents. The existence of spiritual beings has (...) not and presumably cannot be documented via a scientific approach, no more than a fairy tale or a myth. However, science, education and knowledge coupled to proper actions are exactly what are needed to make the correct decisions so as to preserve and improve our common, shared biosphere which is currently confronted with two immense problems: human population growth and climate change. (shrink)

In this article we offer a perspective on the immense number of problems and challenges confronting humanity in our common biosphere. As our human population grows and urbanization increases globally, billions of humans with diverse beliefs and opinions are living in large urban areas without the basic needs of life. The way forward in our biosphere is not violence and disrespect. It is working to maintain and improve our common biosphere and solve our common global problems. Religion and religious believers (...) will need science, so humans can survive and sustain our biosphere. (shrink)

Once in a great while a series of unintentional mistakes which could go unremarked, reach a mass and a wide distribution. When that occurs these mistakes take on a new life and somehow become established as a canon of 'scholarly' research. In the case of the extant literature in Spinozan academic writing, this has now gone far beyond the tipping point. Virtually all of the commentary, journals, conferences, courses and internet sites, now uniformly speak as one voice. And that voice (...) typically pronounces Spinoza's system to be seriously flawed. This chain of thought reaches back into the mid-years of the Twentieth Century. Meanwhile, there are handful of true Spinoza scholars; Hallett, Harris, McKeon, Roth and Saw, and a few others, who view Spinoza's philosophy as the greatest intellectual achievement in the history of philosophy. They see it for its comprehensive unity of thought, flawless logical presentation and masterful depiction of the entire spectrum of everything which is possible in existence in the entire universe. This, somewhat lengthy paper, sets out to enumerate and detail these egregious errors, to pair them with the corrective which will set the record straight and to move beyond that. A recommendation will be made to replace the shopworn and error prone method of 'comparative analysis' with a new rubric termed simply 'doing philosophy'. Spinoza exhorted us to assiduously avoid exposing the mistakes of others. Being a master of the inner workings of human psychology, he recognized that any form of negativity, typically closes the mind of the person who is exposed to it. But in this case there is no other choice. What is being papered over with this academic blockage and misinformation is Spinoza's brilliant explication of the wonders contained within the agency of the human mind, of how that mind can access the intelligibility of virtually everything in the cosmos and of the potential for humanity to shape its own evolutionary progression as a part of the 'unfolding of everything possible' which is 'Deus sive Natura sive Substantia'. Charles M. Saunders 11/8/2019. (shrink)

In the current age there exists a widespread and extremely negative opinion of humankind held almost everywhere. The prevailing theory and application in all of science and religion holds that 'human perception is deeply flawed'. In all of the established religions of the world human kind is somehow seen as fallen and in need of a powerful intervention and 'saving' from our frail natures. In the scientific community our limitations require external proofs to substantiate our assertions about nature. There lived (...) a philosopher, 350 years ago, who understood us far better than this. His name was Baruch Spinoza. Under his own formidable power of understanding of life he recognized our actual merit and inestimable worth. He shared that understanding in a book titled, the "Ethics". In it he details; not only the nature of God as adequately conceived, but also the existence and structure and functions of the human mind. He also wrote a short treatise which has come to be called the 'Fragment'. From the outset of the piece he set out his goal for us; to recognize "...the knowledge of the union existing between the mind and the whole of nature". This 'Fragment' holds the key to unlocking the complexity of the "Ethics". This key consists in grasping the nature of reality which comes to each of us in the form of the 'idea'. The idea resides within each human mind and serves as the nexus where human understanding and the objects in our world co-habit. In this little pamphlet, first in a proposed series of six, together we will discuss and illustrate his discovery of the mind. Most important for you dear friend a challenge will be extended; to discover within you the existence and nature of your own mind and to learn to harness its near unlimited power to understand and to manage our environment and the future. It will prove a lifelong challenge to reach the point where we clearly understand and dutifully accept the responsibility which we owe to all of our ancestors and to those who will follow us to recognize the human mind as the most sublime of all the elements which have evolved on the planet. Sincerely, Charles M. Saunders. (shrink)

In this paper I study how the theoretical categories of consumption theory were used by Milton Friedman in order to classify empirical data and obtain predictions. Friedman advocated a case by case definition of these categories that traded theoretical coherence for empirical content. I contend that this methodological strategy puts a clear incentive to contest any prediction contrary to our interest: it can always be argued that these predictions rest on a wrong classification of data. My conjecture is that (...) this methodological strategy can contribute to explain why Friedman’s predictions never generated the consensus he expected among his peers. (shrink)

V rámci filosofie věd panuje široká shoda na tom, že druhá polovina 20. století složila „labutí píseň" pozitivismu. Milton Friedman a Paul Samuelson, dva klíčoví autoři k metodologii ekonomie v daném časovém období, přitom tento vývoj ve filosofii vědy prý nikdy nereflektovali. Pozitivistická východiska - v prvé řadě v podobě redukcioni- stického přístupu - jsou tudíž stále přítomna ve vlivných teoretických konceptech rozvinutých ekonomy hlavního proudu. Značný počet autorů však v současnosti sdílí náhled, že tyto koncepty v nezanedbatelné míře (...) přispěly k vývoji, jenž ústil ve finanční krizi, vrcholící v letech 2008 a 2009. Předkládaný článek se proto táže, zda to byla právě krize - v níž mnozí spatřují empirické zamítnutí řady pozitivistických konceptů - která napsala „labutí píseň" pozitivismu v ekonomii hlavního proudu. (shrink)

In this paper, I shall defend two main claims. First, Friedman’s famous paper “On the methodology of positive economics” (“F53”) cannot be properly understood without taking into account the influence of three authors who are neither cited nor mentioned in the paper: Max Weber, Frank Knight, and Karl Popper. I shall trace both their substantive influence on F53 and the historical route by which this influence took place. Once one has understood these ingredients, especially Weber’s ideal types, many of F53’s (...) astonishing sentences like “the more significant the theory, the more unrealistic the assumptions”, make good sense. Second, I shall claim that the much-discussed question whether Friedman’s essay espouses an instrumentalist or a realist position, is the wrong question to be asked. I shall illustrate that by a comparison with examples from physics in which also unrealistic assumptions are made. Also there, the question whether these assumptions are indicators of instrumentalism or realism is not appropriate. Cleared from these misunderstandings, F53 presents itself as an interesting and reasonable but much less controversial contribution to the methodology of economics. (shrink)

It is argued that rather than a well defined F-Twist, Milton Friedman’s “Methodology of positive economics” offers an F-Mix: a pool of ambiguous and inconsistent ingredients that can be used for putting together a number of different methodological positions. This concerns issues such as the very concept of being unrealistic, the goal of predictive tests, the as-if formulation of theories, explanatory unification, social construction, and more. Both friends and foes of Friedman’s essay have ignored its open-ended unclarities. Their removal (...) may help create new common ground for more focused debate in economics. Here I show how F53 can be reread/rewritten as a socially constructivist fallibilist, and realist statement – in contrast to the received instrumentalist interpretation. (shrink)

Racist beliefs express value judgments. According to an influential view, value judgments are subjective, and not amenable to rational adjudication. In contrast, we argue that the value judgments expressed in, for example, racist beliefs, are false and objectively so. Our account combines a naturalized, philosophical account of meaning inspired by Donald Davidson, with a prominent social-psychological theory of values pioneered by the social-psychologist Milton Rokeach. We use this interdisciplinary approach to show that, just as with beliefs expressing descriptive judgments, (...) beliefs expressing value judgments have empirical content, or can be inferentially linked to beliefs that do; the truth or falsity of that content can be objectively assigned; and that assignment is amenable to rational assessment. While versions of this objective view of value judgments have been defended by moral realists of various metaphysical stripes, our argument has the virtue of appealing, instead, to accounts that are as naturalistically informed as possible. And, unlike the influential subjective view of value judgments, and racist beliefs more particularly, our arguments are better able to account for instances where rational, persuasive strategies have been effective in reducing the ubiquity of racism in American culture. (shrink)

Berkeley's doctrines about mind, the language of nature, substance, minima sensibilia, notions, abstract ideas, inference, and freedom appropriate principles developed by the 16th-century logician Peter Ramus and his 17th-century followers (e.g., Alexander Richardson, William Ames, John Milton). Even though Berkeley expresses himself in Cartesian or Lockean terms, he relies on a Ramist way of thinking that is not a form of mere rhetoric or pedagogy but a logic and ontology grounded in Stoicism. This article summarizes the central features of (...) Ramism, indicates how Berkeley adapts Ramist concepts and strategies, and chronicles Ramism's pervasiveness in Berkeley's education, especially at Trinity College Dublin. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s (...) function as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

'Io trace a path from Pico della Mirandola's Renaissance man to the Jacobean malcontents of Marston or Webster is to document not an inflation of hopes for dominion over the natural world, but rather a loss of confidence in the possibility of control over even human affairs. 'For I am going into a wilderness, /Where I shall find nor path, nor friendly clew/To be my guide'.2 The bleak consequences of this lack of direction, leaving traces through into the Restoration period (...) in England, are particularly evident in the free will debate: of Milton's angels,. (shrink)

This essay is part of an attempt to reconcile two extreme views in economics: the (neglected) subjective, apriorist approach and the (standard) objective, scientific (i.e., falsifiable) approach. The Austrian subjective view of value, building on Carl Menger’s theory of value, was developed into a theory of economics as being entirely an a priori theory of action. This probably finds its most extreme statement in Ludwig von Mises’ Human Action (1949). In contrast, the standard economic view has developed into making falsifiable (...) predictions about economic phenomena whereby the truth of the assumptions, especially about economic agents, is relatively unimportant: predictive fecundity is all. This finds an extreme statement in Milton Friedman’s introductory essay in his Essays in Positive Economics (1953). However, many economists fall somewhere between the two extremes, such as McKenzie and Tullock (1978). (shrink)

American History X (hereafter AHX) has been accused by numerous critics of a morally dangerous cinematic seduction: using stylish cinematography, editing, and sound, the film manipulates the viewer through glamorizing an immoral and hate-filled neo-nazi protagonist. In addition, there’s the disturbing fact that the film seems to accomplish this manipulation through methods commonly grouped under the category of “fascist aesthetics.” More specifically, AHX promotes its neo-nazi hero through the use of several filmic techniques made famous by Nazi propagandist Leni Riefenstahl. (...) Now most critics admit that, in the end, the film claims to denounce racism and attempts to show us the conversion of the protagonist to the path of righteousness, but they complain that nonetheless the film (perhaps unintentionally) ends up implicitly promoting the immoral worldview it rather superficially professes to reject in its final act. This charge of hypocrisy is connected to another worry: the moral conversion in the film is said to fall flat because the intellectual resources on display to support the character’s racism are not counterbalanced by equally explicit (but superior) arguments for the anti-racist position ultimately embraced by the character. In other words, just as the devil is said to get all the good lines in Milton’s Paradise Lost, in AHX the racists get all the arguments. This has been taken to be a morally problematic flaw of the film. Critics lament that Derek’s conversion seems to result not from relevant logical inferences and valid rational argumentation but from overly simplistic and arguably egoistic insights (e.g., “has anything you've done made your life better?”) combined, perhaps, with a hackneyed cliché (in prison, one of his best friends is a black person!) In this paper I’ll attempt to rebut these charges and defend the film as a powerful, and powerfully moral, work of art. I’ll be suggesting that the seductive techniques employed allow for many viewers a degree of sympathy towards the protagonist that is crucial, both for making that character’s more horrific actions especially unsettling, and also for making his eventual conversion plausible and ultimately compelling. I’ll also argue that the manner in which his conversion is presented is in fact subtler than many critics have allowed: Derek’s transformation is not artificial or implausible but is depicted as resulting from a cumulative series of emotionally powerful life events and personal engagements. It is certainly true that it is not represented in the way some would seemingly have preferred, i.e. as straightforwardly resulting from a process of gradual intellectual improvement in Derek’s reasoning on questions of race and politics. However, I’ll argue that the decidedly emotional basis of his moral evolution is both refreshingly realistic and no hindrance to accepting his conversion as rational. Finally, properly understanding the legitimacy of the emotional foundations of much moral thought will also allow us to appreciate the ways in which our initial worries about this film’s (not insignificant) ability to persuade viewers through the engagement of emotions need not, in itself, be seen as a barrier to endorsing the film as a morally praiseworthy work. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of (...) the German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

The focus of this article is on the place of the limited-liability joint stock corporation in a satisfactory account of social justice and, more specifically, the question of how such corporations should be regulated and taxed in order to secure social justice. -/- Most discussion in liberal political philosophy looks at state institutions, on the one hand, and individuals, on the other hand, without giving much attention to intermediate institutions such as corporations. This is in part a consequence of a (...) certain degree of idealization in terms of the background model of society with which such theories operate. Intermediate institutions are in an important sense optional or discretionary, and one would be hampering an account of justice if it built-in from the start particular kinds of institutions which we could imagine doing without. The only non-state institution that has received adequate attention in political philosophy is the nuclear family, in part because of its pervasiveness and resilience. But the corporation is probably second only to the family in its significance, in terms of its effects on the lives of individuals, and yet has been left without adequate attention. (shrink)

This book describes the philosophical principles underlying the doctrine (the political project) often called “classical liberalism”. By this expression we mean, in this book, the project for society proposed, during the second half of the eighteenth century, by David Hume and Adam Smith in Great Britain, Turgot and Condorcet in France, Thomas Jefferson in the United States and Kant and Humboldt in Germany. The differences between the principles of “classical liberalism” and those of the extreme doctrines of Milton Friedman (...) and Friedrich Hayek (often confused with 'classical liberalism') are clearly explained. -/- This book has been translated into Spanish, Portuguese, Italian, Vietnamese, Rumanian and Turkish. -/- Several scholars have done me the honor of posting a .pdf version of this work (which is no longer available in paper form). Here are three excellent versions that are easily found : -/- "Les fondements philosophiques du libéralisme jugurtha noblogs" (224 pages), "Les fondements philosophiques du libéralisme" (224 pages), in ZLibrary. -/- "Les fondements philosophiques du libéralisme abdelmagidzarrouki" (224 pages), -/- . (shrink)

My philosophical case study concerns textbook presentations of the theory of demand. Does this theory contain anything more than just a collection of tautologies? In order to determine its empirical content, it must be viewed holistically. But then, the theory implies false factual claims. We can avoid this result by embracing the theory's normative character. The resulting consequences will be illuminated with the new autodetermination thesis recently proposed in the philosophy of physics by Oliver Timmer. Applying his ideas to the (...) theory of demand reveals that the statements of this discipline simultaneously concern both values and acts. (shrink)

Perhaps the topic of acceptable risk never had a sexier and more succinct introduction than the one Edward Norton, playing an automobile company executive, gave it in Fight Club: “Take the number of vehicles in the field (A), multiply it by the probable rate of failure (B), and multiply the result by the average out of court settlement (C). A*B*C=X. If X is less than the cost of the recall, we don’t do one.” Of course, this dystopic scene also gets (...) to the heart of the issue in another way: acceptable risk deals with mathematical calculations about the value of life, injury, and emotional wreckage, making calculation a difficult matter ethically, politically, and economically. This entry will explore the history of this idea, focusing on its development alongside statistics into its wide importance today. (shrink)

In Mary Shelley’s Frankenstein the brilliant scientist Viktor Frankenstein constructs and animates a gigantic and superhumanly powerful man. But upon animation, Frankenstein discovers he neglected beauty, and beholding his hideous creation flees in horror without even naming the man. Abandoned and alone the monster leaves society, yet secretly observing humanity learns language and philosophy and eventually discovers humanity’s self-understanding and his own self-understanding to be grounded in beauty rather than reason.

This thesis is an interrogation of the viability of transitive production, which I associate with the Aristotelian term hylomorphic. The central axiom of hylomorphic production that will be targeted for critique is that the agent of production must be distinguished absolutely from the product. The thesis follows the thought of production primarily-but not exclusively-in its characteristically modem instantiation in the Kantian transcendental. The argument seeks to demonstrate that the productive aspect of the operator of transitive production is incompatible with the (...) transcendental element, and that Kant was himself increasingly aware of this problem. The Third Critique, under the rubric of an aesthetics, it will be argued, manifests this awareness in its problematic of a manifold of empirical laws. That this constitutes a difficulty for transcendent idealism means that the transcendental operators of the First Critique have failed to constitute experience in a relevant and important way. Furthermore, it is possible to see in some of the famous slogans of the Third Critique, an indication of another mode of production which is immune to the difficulties of the axiom of transitive production. In conclusion I suggest that the consequences of this new mode of intransitive production, associated with materiality, is destructive of the thought of the axiomatic otherworldliness of production operators. Production is not operated at all. Some suggestions are then made as to the explanation of the error embodied in the axiom of transitivity. (shrink)

Pretende-se apresentar de que forma a considerada boa poesia do século XVIII britânico pode ser vista com o mesmo objetivo das morais práticas, isto é, o de refinar e polir os indivíduos. Para isso, seguiremos os seguintes passos: i. reconstruir o contexto que produziu essa concepção: a distinção entre civilização e barbárie, bem como a dificuldade de unificar o modo escrito e o oral e a preocupação com a supressão do ócio; ii. sublinhar a relevância de Milton, Shakespeare e (...) Spenser para a poesia britânica setecentista; iii. apresentar os ideais a esse respeito que permeavam os textos de importantes filósofos. (shrink)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical frameworks, namely: one, Constructive (...) Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down (...) the core pillars of the paradigm installed by the Chicago boys. Looking at broader developments, the essential driver of change over the past four decades have however not been an economic one but rather a legal one. Or rather the essential change has been the economics discipline acting as an invasive species entering into the realm of law though the law and economics paradigm. (shrink)